Historical Monuments, Relics, Fauna and Flora Act, 1967 (No. 41 of 1967)

IlisWrica.l MonumcJJts, Relics, Fauna and Flora Act ACT 41 OF 196-7 {Dute of Assent: 13th December, 1967] [Dare of Commencement: 22nd December. 1967J iTo provide for the preservation and. protection of natural and historical monuments. relics, antiques, fauna and flora and for connected matters. Enllcted by the Parliament of Lesotho 1. Thls'''''Act may be cited as the Historical Monuments, Short ntle Relics, Fauna and Flora Act, 1967. 2. In this Act unless the context otherwise requires Inlenmt"tion "antique" means an object proclaim ed as such by the Minister under the provisions of section 8; "commission" means the commission established by section 3; "fauna" means any wild animal. any reptile (other than a poisonous snake), bird, fish or bee proclaimed as such I)y the Mlnlster under the provisions of section 8; "flora" means any plant or tree growing without cultivation ln, or which is indigenous to, Lesotho, but does not include the flower or seed of any such plant or tree unless It is expressly provided in a notice issued by the Minister under section 8 that the flower and seed of the ilora described in such notice is also protected; "Minister" means the Minister of the Government for the time being responsible for education and includes an Assistant Minister to the extent that he is authorised by the Minister to perform the duties and exercise the powersof the Minister under this Act; "monument" means an area or object proclaimed as such by the Minister under the provisions of section 8; "relic" means an object proclaimed as such by the Minister under the proVisions of section 3. kn 3. (I) There is hereby established a commission to be Establi5hm~nt Hiown as the "Commission for preservation of Natural and ~d titution PastOtiCal Monuments, Relics and Antiques and the protection of <){ ~te auuna and Flora", which shall be a body corporate WIth perpetual cOlIlUlission ceess~o~ and capable of suing and being sued in its own name, Ofacqumng and alienating property, entering into contracts and, ~b~ect to the provisions of this Act, generally of performing all Itser act~ as are necessary for or incidental to the carrying out of Unctions and duties under this Act. Functions of the cornrnissi0 11 (2) The commission shall consist of not less than five and not more than seven members who shall be appointed by the Minister, (3) A member of the commission shall hold offJce for five years unless he sooner resigns or his appointment is terminated under the provisions of subsection (8) and a retiring member shall be eligibie for re-appointment. (4) When a vacancy occurs on the commission by di:!ath or resignation, absence from Lesotho, illness or otherwise. the Mini"tc:r may appoint a person to fiU that vacancy for the un expired portion of the period tor which. the member whose office has become vacant had been appointed, (5) Members of the commission shall choose aile of their numher to be chairman; if at any meeting of the commission the chairman is absent, the members present shall choose one of their number to be chairman of that meeting. (f:,) The member presiding as chairman at a meeting of the commission shall have a deliberative vote as well as a casting vote, (7) Three members present at a meeting of the commission shall constitute. a quorum and a decision of a majority of members of the commission present at a meeting shan he deemed to be a decision of the commission. (8) A member of the commission shall vacate his office (a) if he has been absent from three consecutive meetings of the commlssion without the permission of the chair man; or (b) if he is in the opinion of the Minister unable or unfit to dlscharge the functions and duties of a member of the commission, 4. (l) The commission may (a) make a list of all objects whose proclaraation under section 8 it considers desirable; (b) take steps to ascertain the owners of any object; (c) purchase or otherwise acquire any such object or by agreement with the Government or any public body or with any private person having the ownership or control of any such object, take such steps as may be practicable to preserve it; (d) take steps for the erection of tablets in suitable places giving Informatlon in both official languages of Lesotho about historical events which occurred at such places; (e) assume control over any such object if requested by the person having the ownership or control thereof so to do, and as trustee for the Government accept any such object which the owner desire-5 to donate or has be queatbed to the Government; (f) preserve, repair. restore or Insure any monument, relic, or antique under its control; (g) lend any such relic or antique to any museum or other publie insti luHan; (Ill re"ommend to the M.ini;:;ter the proclamation of any such objects in terms of section 8; and (i) through any of its members have access at aU rea5{)nabl~ times to any monument or relic procl<limed under section 8. (2) The commission shal1 (;3) when required by the Minister investigate and report upon all)' matt~r rdating to ally object proclaimed under section S or upon the desirability of so proclaiming any object; (b) 011 or before the thirty-first day of December in every year furnish to the Minister a report upon its work during the year ended on the thirty.first day of March last preceding and on any nther matters connected with the preservation of monuments, relics and antiques which it may desire to bring to the attention of the Minister; and (c) make a register of all monuments, r~ncs antiques, fauna and flora proclaimed as such under section 8. 5. No remuneratlon shall be paid to the members of the M.~D"lbers commission, but each member may draw from the funds of the ~~;;::;isio commission his reasonable expenses for travelling and subsistence not to ben while engaged upon the business of the commission at such rates remunerated as the Minister may prescribe. B. The Iunds of the commission shall consist of such grants, Funds of the f b commissiondonations, ees and annual su scriptlons as may from time to time be made to it or be payable to it. 7. Save with the written consent of the Minister, the Restriction commission shall not alienate, hypothecate, or let any object or Dower t? which is its property or for which H is trustee as aforesaid. a renate ere. 8. The Minister may from time to time on the recommen- f'roclamatiofl dation of the commission by notice in the Gazette, proclaim to of be monument" relics and (a) a monument, any area of land having a distinctive or antiques beautiful scenery or geologtcal formation, any area of land containing a rare or distinctive or beautiful flora or fauna, any area of land containing objects of ar chaelogtcal, historical or scientific interest, any water fall, cave, grotto, avenue of trees, old tree or old building and any other object (whether natural or constructed by man) of aesthetic, historical, archaeloglcal or scientl. fie value or tnterest; (b) a relic, any fossil of any kind, any drawing or painting on stone or petroglyph known or <commt\U!y beli.eved to have been executed by Bushmen or other aborigines of southern Africa or by any people who inhabited or vlsitcd southcm Africa in ancient days, and any im Protection 01 monuments, ''''.i<:5 \\11>u antiques P~<:Itf.~t.i'm of fauna and nora Minister ID.3Y \>t<ll\<bit removaI or export 01 monument, relic. antique etc, plement or ornament known or commonly believed to have been used by them and any anthropological or archaeologlcal contents of the graves, caves, rock shelters, middens, shell mounds or other sites used by them; (c) an antique, any movable object (not being a monument or a relic) of aesthetic, historical, archaeological or sdentific value or interest, tho whole or more valuable portion whereof has for more than one hundred years been in any part of southern Africa, or which was made therein more than one hundred years hdote the publka tion of such notice: {d) protected fauna or flora, any fauna or {lora, the species or kind whereof is described in such notice. 9, (I) Whenever the owner of any object, proclaimed under the provisions of section 8 alienates, pledges or lets it he shall forthwith inform the commission of the name and address of the alienee, pledgee orlessee. (2) No person shall, without the written consent of the commission destroy or damage any monument or relic or make any alteration thereto or remove it from its original site or export it from Lesotho. (3) A person desiring to remove a monument or relic from its original site or export it from Lesotho shall when applying to the commission for its consent, supply the commission with a drawing Of photograph of the monument or relic in question and shall state the exact locality in which it is situated and the place to which and purposes for which it is desired to remove or export it. t4) No person havlng control of any antique shall without the written consent of thl) commission destroy or damage it or export it from Lesotho. (5) A person del'ising to e~rt an antique from Lesotho shall when applying to the commission for its consent supply the commission with a photograph and description thereof and shan state the place to which and the purposes for which it is desired to export the antique. 10. (I) No person shall without the written consent Qf the ccmmi5sion destroy or damage or remove from its original habitat or export from Lesotho any fauna proclaimed under section 8 to be protected fauna. (2) No person shall without the written consent of the commission destroy or damage or remove from its original site or export from Lesotho any tlora proclaimed under section 8 to be protected flora. . U. (1) The Minister may, on the recommendation of the commission, by notice In the Gazette prohibit the removal or the export, without the consent in writing of the commission, of any object or group or eolleeuon of objects which is, in the opinion of the Minister, capable of being proclaimed under section B. Proctama- Repeal. {o( Proclamatioll 40 of t91~J YoL II 'D. U\4 (2) The owner 0f any sHell object or group or cotlecU\l"O of objects or of any object which Iorms part of such group or coilecuon who Is aITerted by any such prohibition, may submit to the commission an ohiectiol.\i.u wr~U""g to \l1at prohibition. The commission shall transmit that objection to the .Minister who may thereupon cancel, modify or confirm the prohibition. 12. A person who knowingly (a) fails to comply with or contravenes any provision of section 9 or section 10; or {b) contravenes any prohibrtion issued under section 11; or (c) in an application to the comm\.ssion ior its consent makes a statement which Is false in any material respect or supplies tllCrewHh any drawing or photograph which Is lalse an)' material respect; or (d) damages or destroys any tabl\'.\. e'f~ctli!d in terms of paragraph (d) or subsection (I) of section 4; or (e) destroys, damages or mars any drawing, painting or petroglyph described in paragraph (b) of section 8 or any substance near such drawing, painti.ng, petroglyph or without the consent of the commission destroys or damages any part of a cave or rock in or on which there is any mth <;!nwing, pamtmg or petroglyph; or (f) wlthout the consent of the commlssion destroys, damages or disturbs any grave, cave, rock shelter, midden or shell mound described in paragraph (b) of section 8, shall be gumy of an oft:lmce and liable on conviction to a flne not exceeding two hundred rands or in default of payment to imprisQn· rnent for a period not ex-cedingsix months. 13. The Minister may, after consultation with the com- ReluLattoM mission, make regulations, not inconsistent with this Act, generally for carrying into effect the principles, purposes and provisions of this Act, and in particular but withoul pre1wiiee to th~ ~erler8lity Qt U)c foregoing, he may make regulations pres criblng e (a) tll~ procedure in connection with meetings of the com mission: (b) the qualifications of its members; and (c) the rates of travelling and subsistence allowances to be paid to members of the commission. 14. The Protection of Relics, Fauna and Flora lion Is hereby repealed.